Bombay High Court

Vishnupant Dadarao DevkarversusThe Union of India, Through the General Manager, Central Railway,

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicant may withdraw only 50% of the deposited amount with interest upon undertaking, 25% with interest upon furnishing a surety, and the remaining 25% must be invested in a nationalized bank.

Summary

The applicant, Vishnupant Dadaroo Devkar, filed a civil application seeking withdrawal of an amount of Rs. 16,72,201 deposited by the acquiring body in the court. The court first corrected a misspelling of the applicant's surname in the pleadings. The applicant also requested correction of the same error in the appeal filed by the acquiring body. The court allowed withdrawal of only 50% of the deposited amount with accrued interest upon an undertaking, another 25% with accrued interest upon furnishing a solvent surety, and directed the remaining 25% to be invested in a nationalized bank. With these directions, the application was disposed.

Issues considered

Whether the applicant is entitled to withdraw the entire amount deposited by the acquiring body
Extent of withdrawal permissible under the court's discretion
Procedural correction of the applicant's surname in the pleadings and related appeal

Subjects

civil procedure
name correction
withdrawal of court-deposited funds
interest
surety
bank investment

Judgment

2026:BHC-AUG:40836


                                                   1                      1050.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 10099 OF 2026
                                       IN FA/2753/2025
                                VISHNUPANT DADARAO DEVKAR
                                              VERSUS
                   THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                                       CENTRAL RAILWAY,
                                                  ...
                             Advocate for Applicant : Mr. Bagal Vishal A.
                    Advocate for Respondents : Mr. Rohit Sarvadnya Senior Counsel
                                                 …
                                       CORAM : MANJUSHA DESHPANDE, J.

                                        DATE       : 03rd SEPTEMBER, 2026

              PER COURT :

              1.            This Civil Application has been filed for withdrawal of

              amount deposited by the Appellant / acquiring body.

              2.            At the outset, it is stated that there is a mistake in the

              spelling of surname of the Applicant which needs to be corrected. Leave

              granted. Correction shall be carried out forthwith.

              4.            The request is made by the learned Advocate for the

              Applicant that the mistake in the spelling of surname of the Applicant is

              also present in the Appeal filed by the acquiring body. Learned Advocate

              for the acquiring body shall take steps to make out the correction.

              Correction to be carried out forthwith.
                                     2                        1050.odt


5.           Pursuant to the order passed by this court, the acquiring

body has deposited an amount of Rs. 16,72,201/- in this Court on

07.07.2026. Although the Application is filed for withdrawal of the entire

amount, it is allowed to withdraw only to the extent of 50% of the

amount deposited in this Court with accrued interest subject to

undertaking given by the Applicant to the Registrar (Judicial) and 25%

with accrued interest upon furnishing solvent surety to the satisfaction of

the Registrar (Judicial) and 25% of the rest of the amount shall be

invested in any nationalize bank.

6.           With the aforementioned directions, the Civil Application

stands disposed of.



                                     ( MANJUSHA DESHPANDE, J. )




SPC

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